International maritime transport

Digital Single Market PolicyOn April 19, the European Commission launched its “Digitising European Industry” package, a series of industry related initiatives aimed at “updating Europe’s digital infrastructure”. The package includes reports and proposals addressing cloud computing, ICT standardization, eGovernment, Internet of Things (“IoT”), quantum technologies and high performance computing / big data.As part of the package, the Commission announced the creation of a European Open Science Cloud, which is intended to “offer 1.7 million European researchers and 70 million professionals in science and technology a virtual environment, free at the point of use, open and seamless services for storage, management, analysis and re-use of research data, across borders and scientific disciplines.” In its Communication on ICT standardisation, the Commission has identified five priority areas for standardization: 5G, the … [Read more...] about EU Policy Update: Digitising European Industry, Decarbonizing Transport Sector, Trade Secrets

Up until 18 September 2006, maritime transport services were exempt from the EU competition rules in respect of liner conferences. In addition, cabotage and international tramp vessel services were exempt from the enforcement powers in competition matters. These exemptions were abolished on 18 September 2006, subject to a two year transitional period. Maritime transport services then became subject to sector-specific guidelines that are applicable until 26 September 2013, when they will be superseded by the general, non-sector-specific guidelinesBackgroundThe sector-specific guidelines for maritime shipping covered three main topics:Market definitionAn analytical framework for assessing information exchanges between competitors in liner shippingAn analytical framework for assessing horizontal cooperation between tramp shipping operators in “pools”.The sector-specific guidelines contain either a summary of existing case law or a transposition to the … [Read more...] about Maritime Transport Subject to European Union (EU) General Competition Law Guidelines From 26 September 2013

Following the big change where registration was replaced by filing for establishment applications of companies excluded in the Negative List, China State Council further approves adjustment of the special access management measures for qualification requirements, share ratio restrictions and business scope restrictions in some industries in the Shanghai Pilot Trade Zone to allow foreign invested enterprises engaging in some business activities that were previously restricted or prohibited.As people may know, foreign invested companies engaging in some industries such as international maritime transportation, aviation, automobile and salt in China are strictly monitored by Chinese authorities in terms of requiring qualification verification and business scope licensing. This has greatly restricted and prohibited foreign companies from engaging in these business activities. In order to further expand the Shanghai Pilot Free Trade Zone to attract more foreign investment, China State … [Read more...] about China State Council Approves Adjustment of Special Access Management Measures in Shanghai Pilot Free Trade Zone

On Friday, October 16, 2009, the United States Court of Appeals for the Second Circuit issued a decision that will drastically reduce the ability of maritime creditors to intercept electronic fund transfers (“EFT”) passing through New York banks. Giving notable deference to an amicus brief filed by The Clearing House Association L.L.C., the court held in The Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd, ___ F.3d ___, Slip Op. 08-3477-cv(L)(October 16, 2009)(“Jaldhi”), that EFTs being processed by an intermediary bank are not “defendant’s property” subject to attachment under Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (“Rule B”). In doing so, the court overruled its own decision in Winter Storm Shipping Ltd. v. TPI, 310 F.3d 263 (2d Cir. 2002)(“Winter Storm”). Winter Storm and several subsequent rulings led to the filing of … [Read more...] about New York’s International Banks Obtain Relief as Second Circuit Restricts Ability of Creditors to Use Maritime Rule B to Attach Electronic Fund Transfers

On August 6, 2014, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule modifying the requirements governing the transportation of lithium cells and batteries, including lithium batteries contained in or packed with equipment.[i] The rule, available here, mostly harmonizes the agency’s Hazardous Materials Regulations (HMR) with corresponding provisions from the United Nations (UN) Model Regulations, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and the International Maritime Dangerous Goods (IMDG) Code. The rule is effective immediately, and its requirements become mandatory on February 6, 2015.The final rule is a significant departure from PHMSA’s original proposal issued on January 11, 2010.[ii] That proposal garnered widespread disapproval, especially … [Read more...] about DOT Harmonizes Lithium Battery Regulations with International Standards for Air and Ground Transport in Long-Awaited Final Rule

Summary: The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a proposed rule that would harmonize U.S. hazardous materials regulations with international hazardous materials transport standards. Among other things, the proposal would change certain proper shipping names, hazard classes, packing groups, special provisions, packing authorizations, air transport quantity limitations, and vessel stowage requirements and incorporate by reference various international technical standards. Significantly, PHMSA proposes to adopt into binding U.S regulation the updated hazard communication requirements for the transport of lithium batteries (including equipment containing such batteries) contained in the 19th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations. Once finalized, these requirements will be mandatory for all U.S. shippers and transporters of … [Read more...] about DOT/PHMSA Proposes to Harmonize U.S. Lithium Battery Transport Requirements With International Standards

SummaryOn Tuesday, January 17, EU MEPs elected the European Christian Democrat Antonio Tajani (EPP, Italy), as new President of the European Parliament. Mr. Tajani will remain in office for two and a half years. See all new nominations (including Vice-Presidents and Quaestors) here.This week will be very busy in the European Parliament as it is a committee week.On Monday, the Committee on International Trade (“INTA”) will discuss whether the European Parliament should approve the Comprehensive Economic and Trade Agreement (“CETA”) concluded between the EU and Canada. The Parliament’s consent is required for the Treaty to come into force. The vote in the INTA Committee will take place on Tuesday. The plenary is expected to vote on its approval in the course of February.On Tuesday, the Committee of Inquiry into Emission Measurements in the Automotive Sector (“EMIS”) will continue its hearings, taking evidence from Mr. Florian Heuberger, Head of … [Read more...] about The Week Ahead in the European Parliament – January 23, 2017

House Transportation Committee Holds Hearing on FAST Act Implementation; President Trump Will Nominate Jeffrey Rosen as DOT Deputy Secretary Legislative Activity Transportation Stakeholders Hopeful for More Information This WeekAs the Trump Administration and Congress continue to develop a large-scale infrastructure proposal, transportation stakeholders are hopeful they will get additional information this week. The President’s ‘Skinny Budget” is expected to be released on Thursday, March 16. While it is unclear how much detail will be included in the Skinny Budget, it could give some indication of the President’s agenda for transportation. However, it could only include top-line numbers by agency, which would not necessarily indicate the Administration’s priorities.While President Trump continues to call for a significant investment in transportation and infrastructure, few details are known. Congress continues to evaluate their own priorities, with the … [Read more...] about Transportation Stakeholders Hopeful for More Information This Week

QUOTE OF THE WEEK“China's leaders continue to see the modernization of its military as a central component of their strategy to advance China's national development goals in the first two decades of the 21st century. With this development, China's interests have grown and its influence has expanded not only in the Asia-Pacific, but across the globe. Accordingly, China's military modernization has begun to focus to an increasing extent on capabilities and mission sets that extend beyond immediate territorial concerns, what have been termed the new historic missions. These include counter-piracy, peacekeeping, humanitarian assistance and disaster relief, as well as regional military presence operations. So there's an opportunity here. There's an opportunity for China to partner with the international community to address the types of challenges that we all face in the 21st century.”– Deputy Assistant Secretary of Defense for East Asia David Helvey at a Pentagon press … [Read more...] about China Update

The Vice President of India Shri M. Hamid Ansari inaugurated the World Congress on International Law on the theme “Relevance of International Law” organised by the Indian Society of International Law (ISIL) at a function here today. He also released online edition of the Journal of ISIL on the occasion. Following is the text of the Vice President’s inaugural address :“I deem it an honour to be invited by the Indian Society of International Law to address the World Congress on International Law. This distinguished galaxy of Justices, Judges of the International Court, legal scholars and lawyers constitutes a formidable and learned audience. The relevance of international law in today’s rapidly changing world, and the new challenges we have to collectively address, is a good subject for serious cogitation. International Law as it is now understood and practiced is of relatively recent origin. It owes its origin primarily to … [Read more...] about Vice President Inaugurates World Congress on International Law